Decision 0977E – Sierra Sands USD

LA-CE-3140

Decision Date: February 23, 1993

Decision Type: PERB Decision

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Perc Vol: 17
Perc Index: 24051

Decision Headnotes

202.00000 – PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS
202.01000 – In General; Statutory Definition

An employee organization for collective bargaining and representation purposes under the EERA has as one of its primary purposes, representation of its members in their relations with their employer; p. 3, pp. 8-9, proposed dec. The teacher group formed to oppose imposition of agency fees did not have as an organizational purpose an involvement of itself in the relationship between employees and the district. Its sole purpose was to affect the terms of the relationship between the employees and the union; pp. 9-10, proposed dec.

202.00000 – PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS
202.06000 – Nonexclusive Representatives

An employee organization for collective bargaining and representation purposes under the EERA has as one of its primary purposes representation of its members in their relations with their employer; p. 3, pp. 8-9, proposed dec. The teacher group formed to oppose imposition of agency fees did not have as an organizational purpose an involvement of itself in the relationship between employees and the district. Its sole purpose was to affect the terms of the relationship between the employees and the union; pp. 9-10, proposed dec.

400.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES
400.01000 – In General; Standards

The district allowed distribution of non-school materials in teacher mailboxes. Once the district opened the forum for non-school related leaflets, it could not then ban employees from using the mailboxes to engage in protected conduct; pp. 11-12, proposed dec.

400.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES
400.02000 – Right Not to Participate

The statutory right to refuse to participate in the activities of an employee organization includes within it a protected right to oppose the imposition of agency fees; p. 12, proposed dec.

404.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; STATEMENTS, MEETINGS, NOTICES, AND LEAFLETS
404.03000 – Literature and Posting of Notices; Pictures; Anti-Union Petitions

The district allowed distribution of non-school materials in teacher mailboxes. Once the district opened the forum for non-school related leaflets, it could not then ban employees from using the mailboxes to engage in protected conduct; pp. 11-12, proposed dec.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.11000 – Setting Aside of Election

For election objections to be sustained, some effect on the election result must either be shown or logically inferred. There is no evidence here that would establish a probable or actual impact upon the election result; pp. 13-15, proposed dec. An election result will not be overturned where it is unlikely the outcome was affected by the unlawful conduct; p. 4.

1304.00000 – REPRESENTATION ISSUES; OBJECTION TO ELECTIONS
1304.01000 – In General

For election objections to be sustained, some effect on the election result must either be shown or logically inferred. There is no evidence here that would establish a probable or actual impact upon the election result; pp. 13-15, proposed dec. An election result will not be overturned where it is unlikely the outcome was affected by the unlawful conduct; p. 4.

1304.00000 – REPRESENTATION ISSUES; OBJECTION TO ELECTIONS
1304.06000 – Burden of Proof

For election objections to be sustained, some effect on the election result must either be shown or logically inferred. There is no evidence here that would establish a probable or actual impact upon the election result; pp. 13-15, proposed dec. An election result will not be overturned where it is unlikely the outcome was affected by the unlawful conduct; p. 4.